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PoserPros Boutique(tm) - End User License Agreement

"You" means the person or company who is being licensed to use the Software or Documentation purchased from the PoserPros Boutique(tm). "Software" refers to the contents contained with this license file downloaded from the PoserPros Boutique(tm). and related support files.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of the following End User License Agreement. This End User License Agreement is a legal agreement between you (either an individual or a single entity) and PoserPros Boutique(tm).

This agreement hereby grants you a nonexclusive license to use the Software or Documentation by one person or one entity, so long as no more than one person at a time uses the Software at a time. The Software may be installed on more than one computer, such as on both a workstation and a laptop, or on a network drive, so long as the licensed user is the one who uses this computer at least 80% of the time and there is no chance of the software being used by more than one person simultaneously.

You may copy the Software for back-up and archival purposes, provided that the original and each copy are kept in your possession.

You may not modify or adapt the software or merge it into another program other than for personal use.

You may not sublicense, rent, lease, or lend any portion of the software or documentation to another person or entity.

You do acquire the copyright to any works created using this software, however, if the original artist/vendor can prove that any of the original material can be extracted from your derivative work, the original artist/vendor can demand that all copies of both the original work, and the derivative work be deleted. For example, you may not make an image of a texture map applied to a flat plane, so that the original texture map can be removed from the image. You may not make any MetaStream? animation files with the enclosed materials, until this format can protect the original materials from being obtained.

You may sell, rent, or place on the Internet any 2 dimensional images or animations rendered with this software. You may also sell, rent, or place on the internet, poses, textures, or morph targets that work with this software, provided that none of the original content can be extracted from this derivative work by any means.

The original artist/vendor retains all copyrights to the enclosed materials, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This software product is licensed to you, not sold. By purchasing licensed rights to this software, you are only purchasing the right to use the contents. You may not redistribute this software, in whole or in part, nor may you store it any place on the internet, or on a network where it may be accessed by a third party.

You may transfer all your rights to use this software and documentation to another person, or legal entity, provided you transfer this agreement, the software and documentation, including all copies, updates, and prior versions to such person or entity, and that you retain no copies, including those stored on your computer, provided written notice is given to PoserPros Boutique(tm), and the original copyright holder of the Software.

LIMITED WARRANTY

We warrant that for a period of 30 of days after delivery of this copy of the Software to you:

The Software provided to you will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

LIMITED REMEDY

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the software (even if we or an authorized dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

TERM AND TERMINATION

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

GENERAL PROVISIONS

1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

2. This license agreement may be modified only by a signed license modification made by you and us.

3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

Mehndi Studios(tm), PoserPros(tm), and PoserPros Boutique(tm) are trademarks of Mehndi Studios(tm). All brand and product names marketed through PoserPros Boutique(tm) are trademarks of their respective trademark holders.

This agreement is governed by the laws of the State of Tennessee, in the United States of America.


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Page last modified on October 17, 2003, at 09:10 AM